Posts Tagged ‘Missouri’

Free speech roundup

  • Fourth Circuit rejects gag order on parties and potential witnesses in North Carolina hog farm litigation [Eugene Volokh]
  • Eighth Circuit, interpreting Missouri law’s obligation to register as “lobbyist,” leaves open possibility that requirement extends to unpaid lobbyists, also known as concerned citizens [Jason Hancock, Kansas City Star; Institute for Free Speech on Calzone v. Missouri Ethics Commission]
  • “9 Months in Prison for Forging Court Orders Aimed at Vanishing Online Material” [Volokh] Per one account at least 75 fake court documents have been sent to Google as part of takedown efforts, including an order purporting to come from the UK Supreme Court [same]
  • The accused pipe bomber had made online death threats against Ilya Somin, libertarian lawprof and friend of this site. Lessons to draw? [Cato Daily Podcast, more]
  • Entanglement of press and state leads nowhere good: Canadian government to allocate C$600 million in subsidies to newspapers and legacy media [Stuart Thomson, National Post; earlier on press subsidies here, here; some Canadian background from 1983]
  • Court: First Amendment doesn’t protect Comcast from bias charge over its decision not to carry block of black-owned TV channels [Jon Brodkin, ArsTechnica]

Liability roundup

  • “Lawsuit: Licorice Twizzlers caused man’s heart disease” [WDRB; earlier on dismissal of German lawsuit filed by customer who ate nearly a pound a day of the candy]
  • Empirical study of how personal injury claims are pursued in Great Britain [Richard Lewis, SSRN]
  • How attorney Marc Lanier got that $4.7 billion talc/baby powder verdict [Daniel Fisher, Forbes] “Attorney sees lawyers’ role in judge selection process as helping fuel rise in lawsuits in ‘Sue Me State'” [Devin Watkins on Missouri; Angela Underwood, St. Louis Record]
  • “$12.8M suit filed by estate of man killed in WWII tank blast” [AP]
  • Stan Chesley’s law firm admits ‘unjust enrichment,’ agrees to $23 million settlement” [Kevin Grasha, Cincinnati Enquirer; earlier]
  • “Sweeping new arbitration study: ‘Enterprising’ plaintiffs’ lawyers adapt” [Alison Frankel, Reuters]

Liability roundup

After SCOTUS rulings, less forum-shopping

Following the Supreme Court’s ruling in TC Heartland v. Kraft Foods, cases filed in the Eastern District of Texas fell from 36% of all patent filings to 21% [Debra Cassens Weiss, ABA Journal] “Quick trials, big verdicts favoring consumers, and a state law that allows nonresidents to easily join mass litigations made St. Louis a destination of choice for attorneys going after companies that do business nationwide. Those days may be over” following the high court’s decision in Bristol-Myers Squibb [Margaret Cronin Fisk and Jef Feeley, Bloomberg]

More: Multidistrict litigation sought in more patent cases [Amanda Bronstad, Texas Lawyer]

Liability roundup

  • Recent easing of lawsuit crisis in U.S. owes much to rise of arbitration. Now organized litigation lobby is intent on taking that down, and Obama administration has helped with steps in labor law, consumer finance, and nursing-home care [James Copland, Manhattan Institute, related op-ed]
  • SCOTUS should grant certiorari to clarify lawyers’ obligation to clients in class settlement, argues Lester Brickman [amicus brief courtesy SCOTUSBlog; earlier on Blackman v. Gascho]
  • St. Louis, California, NYC asbestos litigation, south Florida and the Florida Supreme Court, and New Jersey are top five “winners” in latest annual “Judicial Hellholes” report, which also includes a focus on qui tam/whistleblower suits [American Tort Reform Association, report and executive summary]
  • Deep pocket lawsuits remain systemic problem in America for political branches to address [David Freddoso, Washington Examiner investigation]
  • Florida insurers struggle with secondhand suits under assignment of benefits doctrine [Insurance Journal]
  • Storm lawsuits in Texas: “All Hail Breaks Loose” [Mark Pulliam, City Journal]

Police and prosecution roundup

  • Mississippi AG Jim Hood, a longtime Overlawyered fave, finds way to snipe at opposing death penalty counsel [Radley Balko]
  • Police use forced catheterization to obtain urine samples from unwilling suspects. A constitutional issue? [Argus-Leader, South Dakota]
  • “Why Gary Johnson Opposes Hate-Crime Laws (and You Should Too)” [Elizabeth Nolan Brown]
  • Yes, the Baltimore aerial surveillance program should raise concerns [Matthew Feeney, Cato]
  • “The Citizen as ATM: A small Missouri city has become a legal testing ground for ticketing practices and court reform” [Carla Main, City Journal]
  • New Mexico, a leader on asset forfeiture reform, should now tackle mens rea reform [Paul Gessing]

Police and community roundup

May 12 roundup

Campus climate roundup

  • New college freshmen show scant knowledge about or commitment to free speech. How’d that happen? [Howard Gillman and Erwin Chemerinsky, L.A. Times via Josh Blackman] New Gallup survey of students on campus speech [Knight Foundation and report] Greg Lukianoff (FIRE) interviewed [Fault Lines]
  • Senior Ohio State administrator coolly advises protesters that not retreating from their “occupied space” will involve getting arrested and expelled [Eric Owens, Daily Caller]
  • Mizzou’s chief diversity officer asked university administration to assist protesters with logistics. And it did. [Jillian Kay Melchior, Heat Street]
  • No, the regents of a public university should not be saying that “anti-Zionism” has “no place at the University of California.” [Eugene Volokh]
  • “In Her Own Words: Laura Kipnis’ ‘Title IX Inquisition’ at Northwestern” [FIRE interview, earlier] Title IX complainant at U.Va.: that mural must go [Charlotte Allen, IWF]
  • National Coalition Against Censorship, AAUP, FIRE, and Student Press Law Center voice opposition to calls to ban anonymous speech apps such as Yik Yak on campus [NCAC, College Fix, earlier]

Police and prosecution roundup

  • Amid multiple scandals, why won’t office of Orange County, Calif. District Attorney Tony Rackauckas confirm name of county investigator alleged to have beaten defense attorney in courtroom hallway? [R. Scott Moxley/OC Weekly via Radley Balko, Voice of OC]
  • And from February: “former Los Angeles sheriff Lee Baca announced that he would plead guilty to criminal charges related to systemic misconduct in his department, specifically to a charge of lying to investigators in an effort to cover up that wrongdoing.” [Kevin Williamson]
  • Post-Ferguson investigation: problems with small-town municipal courts go way beyond North St. Louis County into outstate Missouri [St. Louis Post-Dispatch]
  • Judge throws out mountain of tickets from Chicago traffic and speed cameras [TimeOut, Timothy Geigner/TechDirt, earlier]
  • Britain: following collapse of lengthy Operation Midland law enforcement inquiry into a fantasist’s wild tales of abuse (did senior Tories murder rentboys for fun?) vindicated officials and their families wonder where to turn to get their reputations back [Dan Hodges/Telegraph (citing Metropolitan Police commissioner Bernard Hogan-Howe’s favorable reference to a second official’s statement that “The presumption that a victim should always be believed should be institutionalized”); Matthew Scott/Barrister Blogger, Richard Bartholomew]
  • Supreme Court nominee: “In Criminal Rulings, [Chief Judge Merrick] Garland Has Usually Sided With Law Enforcement” [New York Times; more on Garland’s D.C. Circuit rulings]